[Ord. 1179, 3/2/2011]
For the purpose of this Part 10, the following definitions shall
apply:
EMPLOYEE
Any person over 18 years of age, other than a massagist,
who renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business
or patrons.
MASSAGE
The manipulation of body muscle or tissue by rubbing, stroking,
kneading, or tapping, by hand, mechanical device, or other means,
or the stimulation of the external parts of the human body with the
hands or other instrument.
MASSAGE ESTABLISHMENT
An establishment which provides the services of massage for
compensation, unless operated by a medical practitioner, chiropractor
or professional physical therapist licensed by the commonwealth.
MASSAGIST, MASSEUR OR MASSEUSE
Any person who, for any consideration whatsoever, engages
in the practice of massage, as defined in the definition of "massage."
PATRON
Any person over 18 years of age who receives a massage under
such circumstances that it is reasonably expected that he or she will
pay money or give any other consideration therefor.
PERSON
Any individual, partnership, firm, association, joint-stock
company, corporation or combination of individuals of whatever form
or character.
PROSTITUTION
Engaging in sexual activity as a business, including:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks or female breasts;
B.
Acts of human masturbation, sexual intercourse or sodomy; or
C.
Other deviate sexual relations.
RECOGNIZED SCHOOL
Any school, academy or educational institution which has
for its purpose the teaching of the theory, method, profession or
work of massage.
SEXUAL OR GENITAL AREA
Genitals, pubic area, buttocks, anus, or perineum of any
person, or the vulva or breasts of a female.
[Ord. 1179, 3/2/2011]
The application for a massagist business permit shall be made
to the Borough in the same manner as provided above for massage establishment
licenses, accompanied by the nonrefundable massagist permit fee of
$75. The application shall contain but not be limited to the following:
A. The business address and all telephone numbers where the massagist
will practice.
B. The name and residence address, and all names, nicknames and aliases
by which the applicant has been known, including the two previous
addresses immediately prior to the present address of the applicant.
C. The applicant's social security number, driver's license,
if any, and date of birth.
D. The applicant's weight, height, color of hair and eyes, and
sex.
E. Written evidence that the applicant is at least 18 years of age.
F. A complete statement of all convictions of the applicant for any
sexual offenses, including violations of Sections 3121-27 and 5901-03
of the Pennsylvania Crimes Code, including the dates of convictions,
nature of the crimes and place convicted.
G. The name and address of the recognized school attended, the dates
attended and a copy of any diploma, certification or letter of recognition
of attendance.
H. The massage or similar business history and experience (10 years)
prior to the date of application, including but not limited to whether
or not such person, in previously operating in this or another borough
or state under license or permit, has had such license or permit denied,
revoked, or suspended and the reasons therefor, and the business activities
or occupations subsequent to such action of denial, suspension or
revocation.
I. A medical certificate signed by a physician, licensed to practice
in the Commonwealth of Pennsylvania, within seven days of the date
of the application. The certificate shall state that the applicant
was examined by the certified physician and that the applicant is
free of communicable disease.
J. Authorization for the Borough, its agents and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the applicant for
the permit.
K. Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the Borough.
[Ord. 1179, 3/2/2011]
The Borough shall issue a license for a massage establishment
after approval by the Borough Manager, Borough Zoning Officer or other
authorized Borough official if all requirements for a massage establishment
or massagist permit described in this Part 10 are met, unless it finds:
A. The correct permit or license fee has not been tendered to the Borough
and, in the case of a check or bank draft, honored with payment upon
presentation.
B. The operation, as proposed by the applicant, if permitted, would
not comply with all applicable laws, including but not limited to
the Borough's building, plumbing, zoning, and health regulations.
C. The applicant, if an individual; or any of the stockholders holding
more than 10% of the stock of the corporation, or any of the officers
and directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; or
the manager or other person principally in charge of the operation
of the business have been convicted of an offense involving sexual
misconduct or convicted of any offense outside the Commonwealth of
Pennsylvania that would have constituted an offense of sexual misconduct
if committed within the Commonwealth of Pennsylvania. The Borough
may issue a license or permit to any person convicted of an offense
involving sexual misconduct if it finds that such conviction occurred
at least five years prior to the date of the application and the applicant
has had no subsequent conviction of any such nature.
D. The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the permit application or in any document required
by the Borough in conjunction therewith.
E. The applicant has had a massage business, masseur, or other similar
permit or license lawfully denied, revoked, or suspended by the Borough
or any other state or local agency within five years prior to the
date of the application.
F. The applicant, if an individual; or any of the officers and directors,
if the applicant is a corporation; or any of the partners, including
limited partners, if the applicant is a partnership; or the manager
or other person principally in charge of the operation of the business
is not over the age of 18 years.
[Ord. 1179, 3/2/2011]
The Borough shall act to approve or deny an application for
a license and/or permit under this Part 10 within a reasonable period
of time and in no event shall the Borough act to approve or deny said
license or permit later than 90 days from the date that said application
was accepted by the Borough. Every license or permit issued pursuant
to this Part 10 will terminate at the expiration of one year from
the date of its issuance, unless sooner suspended or revoked.
[Ord. 1179, 3/2/2011]
Should any massage business have more than one location where
the business of massage is pursued, then a permit, stating both the
address of the principal place of business, and of the other location(s)
shall be issued by the Borough upon the tender of a license fee of
$100 per location. Licenses issued for other locations shall terminate
on the same date as that of the principal place of business, regardless
of the date of issuance.
[Ord. 1179, 3/2/2011]
Every person, corporation, partnership, or association licensed
under this Part 10 shall display such license in a prominent place.
[Ord. 1179, 3/2/2011]
The licensee or person designated by the licensee of a massage
establishment shall maintain a register of all persons employed at
any time as massagists, masseurs or masseuses. Such register shall
be available at the massage establishment to representatives of the
Borough during regular business hours.
[Ord. 1179, 3/2/2011]
Any license or permit issued for a massage establishment or
for a massagist may be revoked or suspended by the Borough after notice
and a hearing, for good cause, or in any case where any of the provisions
of this Part 10 are violated or where any employee of the licensee,
including a masseur or masseuse, is engaged in any conduct which violates
any of the state or local laws or ordinances at the licensee's
place of business and the licensee has actual or constructive knowledge
by due diligence.
A. Prior to revoking or suspending a license or permit, the Borough
shall send notice of its intent to do so to the licensee's or
permit holder's last known address.
B. The licensee or permit holder shall have the right to a hearing before
an independent hearing examiner, who shall be appointed by a resolution
of the Borough Council. The licensee or permit holder shall have the
right to be represented by legal counsel at said hearing.
C. The licensee or permit holder shall have the right to present witnesses
and evidence at the hearing and to cross-examine any witnesses presented
against him or her.
D. After denial of an application, or denial of a renewal of an application,
or suspension or revocation of any license, the applicant or licensee
may seek prompt judicial review of such administrative action in any
court of competent jurisdiction.
[Ord. 1179, 3/2/2011]
All employees, including masseurs and masseuses, shall be clean
and wear clean, nontransparent outer garments covering the sexual
and genital areas.
[Ord. 1179, 3/2/2011]
No person subject to the provisions of this Part 10 shall permit
any person under the age of 18 to come or remain on the premises of
any massage business establishment unless such person is on the premises
on lawful business.
[Ord. 1179, 3/2/2011]
No massage business shall be kept open for any purpose between
the hours of 10:00 p.m. and 8:00 a.m.
[Ord. 1179, 3/2/2011]
The Borough or its authorized representatives shall from time
to time make inspection of each massage business establishment for
the purposes of determining that the provisions of this Part 10 are
fully complied with. It shall be unlawful for any permittee to fail
to allow such inspection officer access to the premises or hinder
such officer in any manner.
[Ord. 1179, 3/2/2011]
Upon sale, transfer or relocation of a massage establishment,
the license therefor shall be null and void unless approved as provided
in § 1006 provided, however, that upon the death or incapacity
of the licensee or any colicensee of the massage establishment, any
heir or devisee of a deceased licensee may continue the business of
the massage establishment for a reasonable period of time, not to
exceed 60 days, to allow for an orderly transfer of the license.
[Ord. 1179, 3/2/2011]
No person granted a license pursuant to this Part 10 shall operate
the massage establishment under a name not specified in his license,
nor shall be conduct business under any designation or location not
specified in his license.
[Ord. 1179, 3/2/2011]
It shall be unlawful for any person to advertise the offering
of massage services unless the advertised establishment is duly licensed
under the provisions of this Part 10.
[Ord. 1179, 3/2/2011]
It shall be unlawful for any person to knowingly allow the use
of any place, business, establishment, or premises owned, operated,
leased or managed by him to be used in violation of any of the provisions
of this Part 10.
[Ord. 1179, 3/2/2011]
No license or permit shall be transferable except with the consent
of the Borough. An application for such transfer shall be in writing
and shall be accompanied by fees prescribed in §§ 1004
and 1005. The written application for such transfer shall contain
the same information as requested herein for initial application for
the license or permit.